HomeMy WebLinkAbout14667 ORD - 12/20/1978jkh:11- 15- 78;lst a
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE BUCCANEER COMMISSION, INC., COVERING A PERIOD
OF FIVE,(5) YEARS FOR THE USE OF CERTAIN PORTIONS OF
CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE
USE OF SAID GROUNDS NOT TO EXCEED ELEVEN (11) DAYS DURING
ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, AND COVERING
A PORTION OF THE MUNICIPAL COLISEUM FOR OFFICE SPACE FOR
SAID BUCCANEER COMMISSION, INC., ALL AS MORE FULLY SET
FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with the Buccaneer Commission, Inc., covering a
period of five years for the use of certain portions of City property located
near the Municipal Coliseum, the use of said grounds not to exceed eleven
days during any calendar year of the lease term hereof, and covering a por-
tion of the Municipal Coliseum for office space for said Buccaneer Commission,
Inc., all as more fully set forth in the "said agreement, a substantial copy
of which is attached hereto and made a part hereof, marked Exhibit "A ".
W`ILMED
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14667
.I
t
a
LEASE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
1 COUNTY OF NUECES
1
1 THIS AGREEMENT made and entered into this the day
of by and between the City of Corpus Christi,
hereinafter called "City ", and the Buccaneer Commission, Inc., hereinafter
called "Commission ".
1. Subject to the terms and upon performance of the conditions
hereinafter provided, City hereby leases unto the Commission, for the pur-
pose of holding a carnival and related activities in connection with the
Buccaneer Days Celebration, the following described City property:
(a) Those paved areas bounded by the West curb
line of South Shoreline Boulevard (north-
bound), the East curb line of South Shore-
line Boulevard (southbound), the South
wall of the Coliseum, and a line 120 feet
South of and parallel to the South curb
line of the existing parking lot located
South of the Coliseum.
(b) That portion of the Coliseum presently
known as the Buccaneer Commission Office,
consisting of approximately 900 square
feet of office floor space.
In the event additional area is requested by the Commission,
prior written approval shall be obtained from the Director of Parks and
Recreation. It is understood and agreed that no concession stand, rides
or other appurtenances connected with the carnival shall be allowed to use
the grassed or shrubbed areas within the above described boundaries or the
sidewalk to the South entrance of the Coliseum from Park Street to the Coli-
seum without permission in writing from the Director of Parks & Recreation.
2. The consideration for this agreement and for the covenants
herein contained to be kept and performed by Commission is as follows:
(a) The payment of One Dollar ($1.00) to City
upon the execution of this agreement.
(b) The payment of a like sum on or before the
anniversary date of this agreement in each
succeeding year hereafter.
(c) Commission shall make available to the Coli-
seum lianager's staff for its reasonable use,
a copy machine located in the Buccaneer Commis-
sion Office.
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(d) Commission shall carry out the kinds of activi-
ties that have been traditionally associated
with the annual Buccaneer Days Celebration, such
as the Buccaneer Days parades, festival, fireworks
displays, and carnival.
3. This lease is for a term of five (5) years, commencing
on the date above written. Commission shall be entitled to use the prem-
ises described in paragraph 1(a) above for a period during April, May
or June, not to exceed eleven (11) days (consecutive) during each of the
years, 1979, 1980, 1981, 1982, and 1983, the exact dates to be mutually
agreed upon by City and Commission in each of such years; provided, however,
that by giving written notice of cancellation at least nine months prior
to the first day of the eleven -day use period, this agreement shall termi-
nate after such notice. Commission shall be entitled to use the premises
described in paragraph 1(b) during the entire term of this lease.
4. Commission shall be entitled to block off Park Street between
South Shoreline Boulevard northbound and southbound, provided that Commission
shall take care not to obstruct or interfere with traffic upon South Shore-
line Boulevard, either northbound or southbound. Commission shall provide
driveway access for trucks to the service drive entrance of the Coliseum,
and shall keep such driveway open and unoccupied by structures or automotive
equipment.
5. Prior to any annual carnival period, the Commission shall
first obtain the approval of the Director of Traffic and Transit of the City
of Corpus Christi as to the adequacy of set -backs along South Shoreline
Drive, both northbound and southbound.
6. During and immediately after each annual carnival period,
Commission shall be responsible for maintaining a condition of continuous
cleanliness of the carnival, entrance -ways, parking and restroom areas,
approaches, and surrounding areas. In the event the Commission does not
promptly clean up such areas of all trash, litter, and other debris, and
standing water which might collect upon the carnival grounds, and does not
continuously maintain such condition of cleanliness, the City has the right
to immediately perform such clean -up and bill the Commission for such work,
which bill the Commission will pay to the City upon receipt.
7. Commission shall, at least seven (7) days prior to the Buc-
caneer Days Celebration during each year that this agreement is in effect,
file with the Director of Parks and Recreation of the City of Corpus Christi
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a cash bond in the amount of Two Thousand Dollars ($2,000),- or a surety bond
in a like amount executed by a corporate surety company authorized to do
business in the State of Texas. Such bond shall be conditioned upon the pay-
ment by Commission of any and all property damage which may be done to the
properties of the City of Corpus Christi as a result of the Buccaneer Days
Celebration.
B. City and Commission hereby agree that any disputes which
may arise between them concerning this agreement, such as determining the amount
of damage to City property occurring as a result of the Buccaneer Days Celebra-
tion, shall be submitted for determination and resolution, first to the Director
of Parks and Recreation, with a right to appeal to the Director of Community
Enrichment, and then to the City Manager. The decision of the City Manager
shall be final, unless that decision is appealed to the City Council by giving
written notice of appeal to the City Secretary within ten (10) days after
the written decision of the City Manager has been sent to the Commission.
In the event of such appeal, the decision of the City Council shall be final.
9. Commission shall indemnify and hold harmless the City from
and against any and all liability for loss, damage or injury to persons or
property arising out of the Commission's use, occupancy, or maintenance of
the above described demised premises. Commission agrees to obtain at its
sole expense and file with the City Secretary of the City of Corpus Christi
at least seven (7) days prior to the Buccaneer Days Celebration during the
years covered by this agreement, a policy of public liability insurance by
terms of which the City will be a coinsured and which shall provide limits
of not less than $300,000.00 per person and $1,000,000.00 for any single
occurrence for bodily injury or death, and $50,000.00 for any single occur-
rence for injury to or destruction of property.
10. Commission agrees to maintain such fire lanes upon the pro-
perty herein described as may be designated by the Fire Chief of the City
of Corpus Christi.
11. Commission agrees to obtain such permits from the Health
Department, the Building Inspection Division of the Department of Inspections
and Operations, the Fire Marshal and other regulatory bodies of the City as
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may be necessary to conduct the Buccaneer Days Celebration. The Commis-
sion, its officers and agents will comply with all federal, state, and
local laws, rules, and regulations.
12. The lease of the Buccaneer Commission Office described in
paragraph 1(b) above shall include the use of all utilities associated
therewith. When necessary for the security of ticketed events, the Coli-
seum Manager may temporarily limit access to such office space.
13. City shall make available during the hours of the carnival
operation the ground -level south bank of restrooms in the Coliseum.
14. City shall make available either the Silver Room or the
Gold Star Room in the Coliseum for Commission meetings and Buccarader
meetings whenever such rooms are not otherwise scheduled to be in use.
It is contemplated that there will be approximately ten (10) such meetings
each year.
15. Commission shall not assign this agreement nor sublease
the whole or any part of the demised premises or make any alteration there-
in without the consent of the City first obtained in writing.
16. Any failure on the part of the Commission to perform any
of the covenants contained in this agreement, or any breach of any covenant
or condition herein contained on the part of the Commission, shall entitle
the City to forthwith terminate this agreement without notice or demand of
any kind, notwithstanding any license issued by City and no forebearance by
City of any prior breach hereof by Commission shall be deemed a waiver by or
estoppel against City. In case of any such termination City shall be enti-
tled to retain any sums of money theretofore paid by Commission and such
sums shall inure to the benefit of City as a setoff against any debt or
liability of Commission to City otherwise accrued by breach hereof.
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WITNESS OUR HANDS this day and year first above written.
ATTEST: THE CITY OF CORPUS CHRISTI
By
-amity Secretary R. Marvin ownsen
City Manager
APPROVED:
DAY OF 1g7V
ssistant ttorney
ATTEST:
BUCCANEER COMMISSION, INC.
By
President
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6
That the foregoing ordinance was read for the first time and passed to its
second reading on this the 15 day of L%QA 1g11, by the
following vote:
Gabe Lozano, Sr. �Q
Bob Gulley (f
That the fore
third reading
following vot
That the fore
on this the_,
PASSED AND AP
ATTEST:
i,CG s
ity-Secretar
APPROVED:
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
ssistant City Attorne
14667
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TEXAS, �ss: personally came............
STATE OF rineces. - public, this day P that he is the
County ed, a Notary Pub according to law, says
the undersign duly sworn' Christi 'limes.
Before me, first and The Gorpua r•
who being • ti Caller
................_., of the Corpus Chi that the Publication of
:? C.M.,. SMOLINSKI .................. and State, an N
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9!& .. Christi. Texas, in said ryR..GObIDtI i0D1 r
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ubi'ished at Corpuse�e�_wir3�.. .
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pUBLIC..Q�ICF:." � thereat
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PUBLISHER'S AFFIDAVIT -zL,
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STATE OF TEXAS, 1as:
County of Nueces. 1
Before me, the undersigned. a Notary Public, this day personally came ... ...............................
CM SMllLINSKI_•_,_,.• ...... ............................ ., who being first duly sworn, according to law, says that he is the
AGCAUDtcLN�..- CLERK ........................ ....................... ........ of the Corpus Christi Caller and The Corp
us Christi Times,
_ Daily Newspapers published at Corpus Christi, Texas• in said County and State, and that the publication of
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NOTICE IS HEREBY ON FIRST :READING AN RODIANCE AUTHORIZING THE CITY MANA
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published in CALLER AND TI
of which the annexed is a true copy, was P thereafter for .............. .......
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on the.-M— day of .............. NOV
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', z WW Glenn` Notary Public Nueces County,
PUBLIC NOTICE
Notice..'& {xreisx given that!
the City Coiksll o.• tho City Of
-
Corpus Chilstl has, on the 15th
-
day of November, 197k apprdv i
edonflrst reading anordinance+
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I.1�. )•rr'•' ^�)
authorizing the Cffy Manager to
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execute an agreement with the
Buccaneer Commission, Inc.,
covering a period of five (5)
rty sears for the use of certain por
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,ti. ^r;, ^.7c,rlf r:' �.,
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ear the Municipal Coll mt a
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the use of said exceed eleven (lU days during
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any calendar year of the lease
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term hereof, 'and covering a�
portion of the Municipal Colt-
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a. ?
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f seum for office spec: for said {
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Bucurteen CommisslOIL Inc.
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The full'gxt of this ordinance Is-1
available �6the public In the Of-.
I
face Of th.• City S61letary.
W ITNESS my hand this 16th
day of November, 1416.
'
- •''. /
-
-s -Bill G. Reed
City Secretary
- _Corpus Christi, Texas*
71
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